DUI Penalties in Kansas

The potential penalty for a DUI conviction depends on whether you are charged with a first, second, third, fourth, or subsequent DUI. For arrests on or after July 1, 2012, only convictions after July 1, 2001 count as prior convictions. A prior diversion is considered a prior conviction. The rules for determining what counts as a “prior conviction” have changed over time. Talk to your DUI attorney about what rules apply to your specific case.

Conviction for a first DUI

A first DUI is a class B misdemeanor. You must serve not less than 48 consecutive hours in jail or, if the judge agrees, perform 100 hours of public service. Your jail sentence may be no longer than six months. You will be fined between $750 and $1,000. You will be required to complete an alcohol class.

Conviction for a second DUI

A second DUI is class A misdemeanor. By statute, the minimum jail sentence is 90 days. Your DUI attorney may be able to arrange for you to serve only 2 days in jail, followed by 120 hours (5 days) of house arrest within the boundaries of your residence, with the remaining 78 days to be served on “parole.” Your jail sentence may be no longer than 1 year. You will be fined between $1,250 and $1,750. You will also be required to enter into and complete a treatment program for alcohol and drug abuse.

Conviction for a third DUI

If you have not had a DUI conviction in the preceding 10 years, a third DUI is considered a Class A misdemeanor. The sentence is identical to that for a second DUI, except that you must serve a minimum of 2,160 hours (90 days) of confinement within the boundaries of your home if you are granted house arrest.

A third DUI is a felony if you have a prior conviction within the preceding 10 years. The minimum sentence is 90 days in jail. Your DUI attorney may be able to arrange for you to serve only 2 days in jail, followed by 90 days of house arrest. If placed on house arrest you must serve a minimum of 2,160 hours (90 days) within the confines of your home. If house arrest is not allowed, your DUI attorney may able to arrange for you to participate in a work-release program after you serve 2 consecutive days in jail. Your jail sentence may be no longer than 1 year. You will be fined between $1,750 and $2,500. You will be required to enter into and complete a treatment program for alcohol and drug abuse.

Conviction for a fourth or subsequent DUI

A fourth or subsequent DUI is a felony. The minimum sentence is 90 days in jail. Your DUI attorney may able to arrange for you to participate in a work-release program after you serve 3 consecutive days in jail. You may also be placed on house arrest after serving 3 consecutive days in jail. If placed on house arrest, you must serve a minimum of 2,160 hours (90 days) within the boundaries of your home. Any exceptions to leaving the house will not count towards the 2,160 hours. Your jail sentence may be no longer than 1 year. You will be fined $2,500. After you complete your sentence, you will be placed on parole, under the supervision of the Department of Corrections, for one year. You will also be required to enter into and complete a treatment program for alcohol and drug abuse.

Child under 14 in the car

If you had a child under 14 years of age in your car when your infraction occurred, your jail sentence will be increased by 30 days. Your DUI attorney may be able to arrange for this additional 30 days to be served on house arrest or in a work-release program.